Debra+P.+v.+Turlington

Tiffany Thompson

Debra P. v. Turlington

United States Court of Appeals, Fifth Circuit

Filed May 4, 1989 ** Background: ** The State of Florida wanted to hold the education system accountable for academics therefore; they created and mandated a competency test containing basic skills, the Florida State Student Assessment Test, Part II (SSAT II), to be administered to high school students. The test was to determine whether each student would receive a diploma. A considerable number of students failed with majority of the failing students being African Americans. The High School students of Florida challenged the constitutionality of the SSAT II based on the Equal Protection Clause of the Fourteenth Amendment, due process, Title VI of the Civil Rights Act of 1964, and the Equal Education Opportunities Act.

** Decision and Rationale: **

The United States District Courts determined three classes of Plaintiffs: A, B and C. All three classes claimed that the test created was racially biased and violated the Equal Protection Clause of the Fourteenth Amendment. Class B and C which contained the black students who failed the test claimed the test was implemented to resegregate the Florida Public Schools. For the students on classes B and C, the Equal Protection Clause, Title VI and Civil Rights Act of 1964 was violated. For all three classes, A, B, and C, due process was violated. The defendants, the Florida education system, were mandated to remove the test for use of determining if students received their diploma.

** Impact on Education: **

The states should be conscious in creating unbiased exams especially is cases involving the students’ future. In //Debra P. v. Turlington//, one sees the consequences of creating a test that is biased and violates the rights of the students. Not only should the states understand the disparity in testing students from different cultures but teachers should also be aware in teaching and testing students in their classrooms. Teachers should teach and test information that embraces all cultures.

** Applicable Quiz Question: **

True/False: The Florida State Student Assessment Test, Part II was created to determine if students would graduate with a diploma.

Joann Wagner MGED 3030 January 23, 2011 Dr. Goodale

**__Debra P. v. Turlington __** Debra P., a minor by Irene P., her mother and next friend et al., Plaintiffs-Appellees, Cross Appellants, v. Ralph D. TURLINGTON, individually and as Commissioner of Education et al., Defendants-Appellants, Cross-Appellees. 644 F. 2d 397 (1981) United States Court of Appeals, Fifth Circuit. Unit B  Filed May 4, 1981. Rehearing denied September 4, 1981. **__Background: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">In an attempt to hold the educational system accountable for the value of the education provided, the State of Florida enacted statutory provisions which ultimately resulted in the establishment of a basic skills competency exam. Within the state, the ability to receive a High School diploma is contingent upon the ability to successfully complete the Florida State Student Assessment Test, Part-II (SSAT-II) exam; which consists of multiple-choice questions related to basic communication and mathematics skills applied to real-life situations. Following the third administration of the test in 1979, 98% of white seniors had passed the test compared to only 80% of the African American seniors. The failing African American students challenged the constitutionality of the SSAT-II, based on the due process and Equal Protection Clauses of the Fourteenth Amendment, the Equal Education Opportunities Act, Title VI of the Civil Rights Act of 1964. **__<span style="font-family: 'Times New Roman','serif';">Decision and Rational: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">The Debra P. case established and required two main components for testing: adequate notice, several years prior to implementation, with regard to the content contained therein, as well as the ability to demonstrate curricular validity. The United States District Court certified three classes of Plaintiff: Classes A, B, and C all of which claimed the design and implementation was racially biased violating the Equal Protection Clause of the Fourteenth Amendment as previously mentioned. Further, the Plaintiffs also claimed that instituting a program which would deny diplomas with a lack of adequate notice also violated the Fourteenth Amendment. Classes B and C, which contained the failing African American Students, also claimed the SSAT-II was an attempt to re-segregate Florida’s public schools in violation of the Fourteenth Amendment as well. <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">Although the Plaintiffs maintain that the state statute violates the Equal Protection and due process clauses of the United States Constitution as well as Title VI of the Civil Rights Act of 1964, ultimately the testing requirement was upheld by the court. However, implementation of the graduation requirement was delayed until the 1982-83 school year. Upon appeal, the case was reprimanded back to the U.S. District Court to determine if curricular validity could be demonstrated. Following a state conducted study, performed in all 67 districts; the court eventually determined the SSAT-II to be instructionally valid and constitutional. **__<span style="font-family: 'Times New Roman','serif';">Impact on Education: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">It seems a reasonable expectation that a student actually receive their anticipated diploma, given the satisfactory completion of the required high school credit hours. The issue relates to the effectiveness of the education received and the resulting lack of ability to successfully complete the assessment exam. The content of any examination must first be visited within the classroom prior to any expectation of mastery. Certainly, placing the future of a student on hold by attaching it to an impossible and unfamiliar standard must be viewed as unacceptable. <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">Further, while racial bias unquestionably holds no place within the school system, there is a need to acknowledge that cultural disparities exist and respond accordingly. However, beyond that and without regard to race, student achievement must remain the goal. **__<span style="font-family: 'Times New Roman','serif';">Applicable Quiz Question: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt; tab-stops: 109.35pt; tabstops: 109.35pt;">Following the court’s decision, in what year was the use of the SSAT-II exam again permitted to determine ones eligibility to receive a diploma?

A) 1981-1982 B) 1982-1983 C) 1983-1984 D) 1984-1985